Questioning of persons - national procedures for ICC proceedings

United Kingdom of Great Britain and Northern Ireland

International Criminal Court (Scotland) Act 2001 (2015)

PART 2
ASSISTANCE

12 Questioning

(1) This section applies where the Scottish Ministers receive a request from the ICC for assistance in questioning a person being investigated or prosecuted.

(2) The person concerned shall not be questioned in pursuance of the request unless—
the person has been informed of the rights set out in article 55 (rights of persons during an investigation under the Statute of the ICC) ;
the fact that the person has been so informed has been recorded in writing ; and
the person consents to be interviewed.

(3) The provisions of article 55 are set out in schedule 3 to this Act.

(4) Consent for the purposes of subsection (2)(c) above may be given orally or in writing; but if given orally it shall be recorded in writing as soon as is reasonably practicable.

the fact that the person has been so informed has been recorded in writing ; and
the person consents to be interviewed.

International Criminal Court Act 2001 (2014)

Part 3 Other forms of assistance

Forms of assistance

28 Questioning

(1) This section applies where the Secretary of State receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.
(2) The person concerned shall not be questioned in pursuance of the request unless—
(a) he has been informed of his rights under article 55, and
(b) he consents to be interviewed.
(3) The provisions of article 55 are set out in Schedule 3 to this Act.
(4) Consent for the purposes of subsection (2)(b) may be given—
(a) by the person himself, or
(b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(5) Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as is reasonably practicable.

The International Criminal Court Act 2001 (Overseas Territories) Order 2009

PART 3
OTHER FORMS OF ASSISTANCE

Forms of assistance

Questioning
32.—(1) This section applies where the Governor receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.

(2) The person concerned shall not be questioned in pursuance of the request unless—

(a) he has been informed of his rights under article 55, and
(b) he consents to be interviewed.

(3) The provisions of article 55 are set out in Schedule 3 to this Act.

(4) Consent for the purposes of subsection (2)(b) may be given—

(a) by the person himself, or
(b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.

(5) Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as its reasonably practicable.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;